&EPA
www. e pa.go v/o u st
FY 201 I Annual Report On The
Underground Storage Tank Program
For more than 25 years, EPA, states, territories, tribes, and other partners have
made significant progress in preventing, detecting, and cleaning up leaks from
underground storage tanks (USTs).
This report provides a snapshot of LIST program activities in fiscal year (FY) 2011
(October 1, 2010 - September 30, 2011). The report presents advances made in
preventing releases and conducting cleanups. These advances ultimately result in
preventing environmental contamination, protecting groundwater, and further
protecting human health and the environment from LIST releases. The LIST
program is comprised of a meaningful partnership among states, territories, tribes,
and EPA, and a host of other stakeholders.
FY 20! I UST Program Accomplishments
At the end of FY 2011, there were approximately 590,000 federally-
regulated, active USTs at approximately 212,000 sites across the country.
EPA provides money directly to tribes and states for developing and
implementing their prevention and cleanup programs. Collectively, the
UST program has accomplished a great deal.
Prevention
• Active UST compliance rates continue to increase, with more than 70
percent of active USTs complying with requirements to prevent and
detect leaks (exceeding EPA's goal of 66 percent compliance)
• The UST compliance rate in Indian country was 61 percent
• The number of new UST releases identified each year continues to
decline, with just under 6,000 new leaks reported in FY 2011 (meeting
EPA's goal to reduce annual releases to fewer than 8,550); this is a 6
percent drop in the number of new releases reported compared to FY
2010
Cleanup
• 30 of the 54 states and territories that received leaking underground
storage tank (LUST) American Recovery and Reinvestment Act money
completed their work
• Of the 501,000 releases reported since the beginning of the program,
UST partners completed more than 413,000 cleanups or about 82
percent, leaving a backlog of almost 88,000 releases remaining to be
cleaned up
• UST partners cleaned up 11,169 sites, meeting approximately 91
percent of EPA's FY 2011 goal to clean up 12,250 LUST sites
Contents
UST Accomplishments I
Preventing Releases 2-3
Cleaning Up Releases 4-5
Looking Ahead 6
An old gas station may indicate underground
storage tanks are nearby
FY 201 I GPRA* National UST Program
Goals And Accomplishments
Goal Actual
Significant Operational
Compliance Rate
66% 70.9%
New Reported Releases <8,550 5,998
Cleanups-Total 12,250 11,169
Cleanups-Indian Country 38 42
*Government Performance Results Act of 1993
To keep the public informed, EPA posts
mid and end of year activity reports
that provide information on compliance,
releases, and cleanups across the country.
See the FY 2011 end of year activity report.
I U.S. Environmental Protection Agency
I Office of Underground Storage Tanks
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Preventing Releases
The LIST program achieved significant milestones in detecting and preventing releases. Our past successes, our
collaborative relationships with the tanks community, and the valuable work at state and local levels collectively
supported the LIST program's prevention efforts. EPA will continue to work with LIST stakeholders, exploring ways to
leverage our resources and ensure we maintain a robust national prevention program.
UST Universe - End Of FY 201 I
States
Active Tanks: 587,517
Closed Tanks: 1,762,294
Indian Country
Active Tanks:
Closed Tanks:
2,587
5,899
Reducing Confirmed Releases
In FY 2011, EPA, states, territories, and tribes focused on
bringing UST systems into compliance and keeping them in
compliance with leak detection and release prevention
requirements. One way the program assesses the relative
success of these prevention efforts is to measure the number
of confirmed releases each year.
EPA achieved its FY 2011 goal to reduce confirmed tank
releases to fewer than 8,550. There has been a steady
reduction in annual underground storage tank confirmed
releases, from almost 67,000 in FY 1990 to 5,998 in FY 2011.
Energy Policy Act Implementation
When Congress passed the Energy Policy Act in August 2005,
EPA, state, territorial, and tribal underground storage tank
programs were presented with a mandate that focused on
reducing UST releases and required numerous changes to
tank programs. EPA, states, territories, and tribes have shown
tremendous dedication and made significant progress toward
meeting all of the act's requirements and strengthening UST
release prevention programs.
• All states have grant agreements in place to implement
Energy Policy Act provisions
• Most states met these major requirements - secondary
containment or financial responsibility provision, delivery
prohibition, state UST compliance report, initial two year
inspections, public record posted, and three year
inspections
• Together, EPA and tribes are continuing to implement the
2006 tribal strategy and further the goals of the UST
program in Indian country
Although our collective progress over the past six years is
impressive, state, territorial, and tribal UST programs are
faced with a great deal of ongoing work to continue
implementing the Energy Policy Act requirements. The
inspection requirement is a good example of this. States and
territories did much to meet the initial three year cycle of
inspecting all UST facilities by August 2010; yet the three year
inspection cycle is a rolling three year requirement continuing
into the future.
Pursuing UST Facility Compliance
One of the key elements in preventing releases is to increase a
facility's operational compliance with UST regulations.
Significant operational compliance (SOC) means that a facility
has the necessary equipment required by current UST
regulations to prevent and detect releases and performs the
necessary UST system operation and maintenance. In FY
2011:
• The national SOC rate was 70.9 percent, which is almost
5 percent above our target rate of 66 percent, yet still
allows room for continued improvement
• The SOC rate in Indian country was 61 percent, which is
5 percent below the national goal of 66 percent; SOC rates
in Indian country vary from year to year due to the relatively
small number of facilities, but EPA is working to close the
gap with the national rate
Three Year Inspections Increase
UST Compliance
One of the key elements in preventing releases is to increase a
facility's operational compliance with UST regulations. Now
that we have completed the initial two year inspections (some
UST facilities were never inspected before the inspection
requirement, likely accounting for the initial dip in compliance
rate during the two year cycle) and states are inspecting every
UST facility at least once every three years, we are seeing
compliance rates increase. We expect the compliance rate to
continue to improve as UST operators are trained on the UST
requirements.
Initial 2-year First 3-year Inspection Cycle Second 3-year Inspection
Inspections Cycle
I 70%
u
41
" 65%
I
2004 2005 2006 2007 2008 2009 2010 2011 2012 2013
Fiscal Year
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Preventing Releases
Preventing Releases In
Indian Country
Tribes and EPA worked to improve UST compliance in Indian
country during FY 2011 by enhancing inspection efforts,
developing additional compliance-focused assistance
agreements with tribes, and providing training to tribal
environmental professionals and facility owners and
operators.
At the end of FY 2011, there were 2,587 active USTs in Indian
country. While compliance rates fell in FY 2011, confirmed
releases also fell, indicating progress in preventing releases.
Designating tribal inspectors as authorized representatives of
EPA to inspect USTs can help increase the geographic
coverage and frequency of inspections in Indian country. It
also helps enhance relationships and increase the capabilities
of tribal inspectors. Since EPA's commitment in 2006 to issue
federal credentials for tribal inspectors, 11 inspectors received
credentials; although currently eight hold credentials as a
result of changes in tribal staff responsibilities and turnover.
In FY 2011, these federally-credentialed tribal inspectors
contributed significantly to meeting the inspection
requirements of the Energy Policy Act by completing 75
inspections. EPA anticipates at least two additional tribal staff
will receive federal credentials in FY 2012.
In May 2011, the Oneida Tribe of Indians of Wisconsin hosted
our fourth annual tribal-EPA underground storage tank
meeting in Oneida, Wisconsin. Meeting participants worked
together to identify tribal issues, build relationships, and
continue partnerships and improvements in Indian country
UST programs.
Addressing Alternative Fuels
EPA published UST compatibility guidance in the July 5, 2011
Federal Register. The guidance is a resource tank owners
can use to demonstrate their tank systems are compatible
with ethanol blends greater than 10 percent or biodiesel
blends greater than 20 percent. According to the guidance,
acceptable methods for demonstrating compatibility include
using equipment that is certified or listed by a nationally
recognized, independent testing laboratory for use with the
fuel stored; or using components approved by the
manufacturer to be compatible with the fuel stored.
EPA continues to periodically observe unusual and
unexplained conditions at tanks containing ethanol, as well as
other substances. The UST program is working to
understand these anomalies and avoid releases from
compatibility problems.
In FY 2011, EPA provided $32.3 million to states
and territories for UST prevention activities.
EPA also provided $2 million for the
UST prevention program in Indian country.
Proposed Changes To
UST Regulations
On November 18, 2011, EPA published proposed changes
to the underground storage tank regulations in the Federal
Register. This is the first time EPA is proposing significant
revisions to the federal UST regulations since they were first
promulgated in 1988. These revisions will create equal
UST release protection in Indian country relative to that
provided by the Energy Policy Act of 2005 in the rest of the
country. The proposal will also improve the 1988 UST
regulations by closing some regulatory gaps,
accommodating new technologies, and focusing on properly
operating and maintaining existing UST systems. This
proposal improves prevention and detection of UST
releases, which are one of the leading sources of
groundwater contamination. The public comment period
closes April 16,2012.
EPA is proposing to revise the UST technical regulation in
40 CFR part 280 by:
Adding secondary containment requirements for new
and replaced tanks and piping
Adding operator training requirements for UST system
owners and operators
Adding periodic operation and maintenance
requirements for UST systems
Removing certain deferrals
Adding new release prevention and detection
technologies
Updating codes of practice
Making editorial and technical corrections
EPA is also proposing to update the state program approval
requirements in 40 CFR part 281 to incorporate the
proposed changes to the UST technical regulation listed
above.
In developing the proposed revisions, EPA reached out
extensively to affected and interested UST stakeholders.
This included environmentalists, community groups, states,
tribes, owners and operators, equipment manufacturers,
federal facilities, and small businesses. EPA was sensitive
to future costs for UST owners and operators and,
consequently, minimized required UST system retrofits in
the proposed revisions. We appreciate feedback on the
proposal, and we will carefully consider all comments.
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Cleaning Up Releases
The LIST program continues to make great progress in cleaning up leaking underground storage tanks. EPA works with
states, territories, and tribes to clean up LUST sites and address the hurdles in reducing the backlog of cleanups.
In FY2011, EPA and our state, territorial, and tribal partners completed 11,169 cleanups, 42 of which were in Indian
country. The cleanup backlog, which is the difference between the cumulative number of confirmed releases and
cleanups completed, also continued to decline from 142,000 sites a decade ago to 87,983 sites at the end of FY 2011.
National Cleanup Backlog Study
In September 2011, EPA issued its analysis of the backlog,
The National LUST Cleanup Backlog: A Study of
Opportunities. To characterize LUST releases, EPA
analyzed LUST data from 14 states, particularly those
releases where cleanup was not complete. The study
covers both data findings and opportunities states found to
reduce their backlogs. EPA is working with our partners to
implement backlog reduction strategies, based on the
analysis in the study. Study highlights include:
• Many releases are old; over 71 percent of open
releases were 10 years old or older
• Many old releases are in the early stages of cleanup;
only 50 percent of releases 10 years old and older
have started remediation
• Almost 80 percent of remaining releases impact
groundwater
• Available funding and staff workload are limiting factors
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u 120,000
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80,000
60,000
40,000
20,000
0
National Cleanup Backlog
2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
Fiscal Year
Continuing Cleanup Progress In
Indian Country
EPA has primary responsibility for implementing the LUST
program in Indian country and actively works with tribes to
identify, assess, and clean up UST releases. In FY 2011, EPA
completed 42 cleanups in Indian country, exceeding the goal
of 38 cleanups. This success is partly a result of focused
efforts to complete remaining cleanups at older sites and
increased use of national and regional Indian country cleanup
contracts. For nearly a decade, LUST Trust Fund money has
supported cleanup contracts EPA maintains for cleanup
activities in Indian country. These contracts help assess LUST
Trust Fund eligible sites; design corrective action plans; and
remediate contaminated sites.
Over the past five years, the LUST cleanup backlog in Indian
country has remained relatively steady. Completing cleanups
and reducing the backlog of Indian country sites has become
more difficult because EPA is addressing sites that require
complex cleanups and take more time and resources to
complete. In addition, some EPA regions are conducting
comprehensive surveys to identify abandoned tanks; some of
these tanks may have unreported releases that will add to the
backlog of sites. EPA will need to continue working diligently
in order to reach our FY 2012 goal of completing 42 cleanups
in Indian country.
In FY 201 I, EPA provided $63.1 million
to states and territories for LUST cleanups.
EPA also provided $3.1 million
for LUST cleanups in Indian country.
Indian Country And National LUSTCIeanup Rate
10 Year Comparison: 2002 - 2011
2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
••^Indian Country -^National
Over the last decade, the cleanup rate in Indian country lagged behind
the national rate by about 10 percent. In FY 201 I, the gap was reduced
to 7 percent.
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Cleaning Up Releases
Progress At Petroleum Brownfields
In FY 2011, EPA made significant progress facilitating the
reuse and revitalization of petroleum-contaminated
brownfields sites.
EPA published Opportunities For Petroleum Brownfields.
which focuses on developing solutions for petroleum
brownfields. The report presents examples of successful
reuse projects, and funding and technical assistance
resources.
EPA reached out to stakeholders, fostering a greater
appreciation of their role in community and area-wide
revitalization efforts. EPA supports integrating UST sites
and the growing need for access to health and healthcare
when communities consider potential reuses of petroleum
brownfields sites. This integration is starting to take shape
along the Selma to Montgomery Civil Rights Trail and in
Florida's Highway to Healthcare Initiative. EPA envisions
harnessing these and other reuse options as exit strategies
for sites currently lingering in corrective action backlogs that
could be more systematically integrated into community
development plans. EPA is also working with other
programs to capture the results of these and other
revitalization opportunities.
Petroleum Vapor Intrusion
One of the UST program's continuing technical challenges is
how best to address petroleum vapor intrusion (PVI) at
LUST sites. Petroleum hydrocarbon vapors from LLJSTs
can migrate into inhabited buildings and threaten public
health and safety.
In 2011, EPA developed draft guidance to assist regulators,
consultants, and other practitioners in investigating and
assessing petroleum-contaminated sites where PVI may
occur. The draft PVI guidance will focus on federally-
regulated Subtitle I LUST sites, which are typically gas
stations. It will contain information and practices that may
be useful at other sites (such as fuel terminals and airport
hydrant systems) where petroleum contamination and PVI
are potential concerns. The draft PVI guidance will be a
companion to EPA's Office of Solid Waste and Emergency
Response comprehensive document, which will address
vapor intrusion from non-petroleum sources (such as
chlorinated hydrocarbons and volatile inorganic
compounds). Both guidances will be available in November
2012.
Also in 2011, OUST issued a paper on the differences
between petroleum hydrocarbon vapors and chlorinated
solvent vapors and developed a web-based compendium of
technical information on PVI.
ARRA Money Advances LUST
Assessments And Cleanups
The LUST provision of the American Recovery and
Reinvestment Act of 2009 provided $200 million of LUST Trust
Fund money to assess and clean up releases of contamination
from federally-regulated USTs. States and territories made
significant progress in assessing and cleaning up LUST
releases with LUST Recovery Act money. This money resulted
in substantial environmental protection, while creating or
retaining hundreds of jobs, averaging 285 jobs per quarter in
FY 2011. The chart below demonstrates the UST program's
accomplishments and performance.
LUST Recovery Act
Performance Measures
Site assessments initiated
Site assessments completed
Cleanups initiated
Cleanups completed
Cumulative Results
2/17/09-9/30/11
1,319
1,660
1,659
1,617
As of September 2011, LUST Recovery Act money was spent
at 2,818 sites where one or more of the measures were
achieved. In addition, LUST Recovery Act money contributed
to other assessments and cleanups at 3,650 additional sites
which did not begin as Recovery Act projects and are not yet
completed.
In 2011, EPA continued its work to clean up sites in Indian
country using LUST Recovery Act money, which EPA allocated
to existing cleanup contracts with Native Alaskan or Native
American firms. This one time addition of money substantially
increased EPA's ability to assess and clean up leaking
underground storage tank sites in Indian country. This money
supported work at approximately 56 sites in Indian country
benefiting over 23 tribal communities.
As of September 2011, 30 of the 54 states and territories that
received LUST Recovery Act money completed their work.
Most of the remaining states will complete their work in FY
2012, ensuring additional accomplishments and jobs. See
LUST Recovery Act on EPA's website for more information.
Sampling methane from a groundwater
monitoring well at a LUST site
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Looking Ahead
March 2012
A Letter To UST Stakeholders
From Carolyn Hoskinson, Director
EPA's Office of Underground Storage Tanks
This report shows many of the past year's accomplishments, which are the result of the
combined efforts of all underground storage tank partners. I think our tank partners have a
very positive relationship. From where I sit, the UST program has honest dialogue, committed
partners, and partners working toward common goals. We certainly don't agree on every issue
in every circumstance-I'd be worried if we did. To me, the key to success is to listen carefully,
reflect thoughtfully, and compromise when necessary while maintaining integrity. After more
than five years in the UST program, that's what I've experienced: from equipment
manufacturers, to service providers, to tank owners and operators, and to tribes, states, and
EPA. If we can keep that up, we can continue to thrive.
Looking forward, I am well aware of the challenges looming for the national UST program in
2012 and beyond. We will certainly see continued tightening of federal, state, territorial, and
tribal budgets, as well as private sector budgets. Dwindling money will affect our work and
how we do it. Nonetheless, our goals are straightforward: Prevent leaks from tanks. Find
leaks and clean them up. Easier said than done, I know, but we've done a great job so far,
and I expect that to continue, despite the challenges. With that in mind, here's what we are
focusing on in 2012.
Continue To Strengthen Partnerships
• Work with tribes to continue implementing the tribal-EPA UST strategy
• Find new and creative ways to keep in touch with all partners, despite having less money,
especially fewer travel dollars
Prevent Leaks
• Continue to pursue Energy Policy Act of 2005 mandates and deadlines
* Meet the 2012 operator training requirement
* Ensure each UST facility in the country is inspected once every three years
• Continue the process to update our regulations
• Address technical and regulatory issues involved with alternative fuels
Find Leaks And Clean Them Up
• Building on the results of our backlog study, work with partners to develop and implement
strategies to reduce the cleanup backlog
• Close out work under the LUST provision of the American Recovery and Reinvestment Act
of 2009
• Develop strategies to help revitalize communities by cleaning up abandoned gas station
sites
• Bolster the availability of adequate money for cleanups through state funds, insurance,
and other mechanisms
• Provide support on technical issues, such as identifying fuel constituents and evaluating
vapor intrusion and other exposure pathways
We have an enormous job to do, and it's important. Although underground storage tanks
might not be the hottest issue on people's minds across the country, it would be if tanks in their
neighborhoods were leaking and jeopardizing their homes and drinking water; right? But, if we
continue to do our jobs well, that's one less thing our neighbors need to worry about. I
challenge each of you reading this to join me; let's stick together, embrace optimism, and forge
ahead!
Sincerely,
UST Community
Engagement
In 2011, EPA worked with states and
EPA regions to develop two
documents about community
engagement and the underground
storage tank program.
Overview Of State Community
Engagement Plans And
Websites summarizes
community engagement plans
for a sample of state and
territorial UST programs; it
highlights practices that
encourage meaningful
community engagement
Community Engagement
Resources (Toolbox) For
Underground Storage Tank
Programs provides resource
materials and assistance on
how to better communicate and
involve stakeholders at sites that
warrant additional community
engagement; EPA welcomes
additional resources for the
toolbox
Helping Tribes Improve
Compliance
EPA's five-year assistance
agreement with the Inter Tribal
Council of Arizona, Inc. (ITCA)
irovides UST comoliance assistance
training to tribal personnel and
owners and operators in Indian
country. The goal of this effort is to
improve UST facility compliance
throughout Indian country. In FY
2011, ITCA supported this goal by:
• Training approximately 275 tribal
representatives in UST issues,
such as: compliance with
prevention regulations, overview
of requirements, installations,
and operation and maintenance
• Developing written resources
about health and environmental
hazards from USTs, operations
and maintenance, and best
management practices
• Fostering communication and
opportunities for collaboration
among tribes and EPA on UST
m*
EPA 510-R-12-001, March 2012
U.S. Environmental Protection Agency
Office of Solid Waste and Emergency Response
Office of Underground Storage Tanks
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